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No-Fault Payments for Asbestosis

If you or a member of your family is suffering from asbestosis, or any other asbestos related disease, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form online.

What is No-Fault Asbestosis Compensation?
Who Can Claim No-Fault Compensation?
Asbestosis Compensation
Our Industrial Disease Lawyers

What is No-Fault Asbestosis Compensation?

In simple terms, no-fault compensation refers to the damages awarded to victims of accidents or industrial illnesses, paid by the government or independent bodies, without legal action being taken against the responsible party.

This is sometimes awarded in cases where it is not possible to make a claim against the responsible company, as they or their insurers are no longer in existence.

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Who Can Claim No-Fault Compensation?

Primarily no-fault payments are given to those suffering from industrial diseases, as often they were exposed to the cause of their illness many years ago. Some of these diseases include: pneumoconiosis, diffuse pleural thickening and diffuse mesothelioma.

These type of diseases do not show themselves quickly after exposure. They can take many years to develop. By then the person you need to make a claim against (perhaps an employer) may no longer be alive or in business. Pursuing these claims is complicated and is best dealt with by an experienced personal injury lawyer.

In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

There are some laws that relate to no-fault compensation, for example the Pneumoconiosis etc. Workers’ Compensation act 1979.

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Asbestosis Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things that you were able to do before (eg wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the your industrial illness, so that these can be reclaimed. The aim is to put you back in a position financially as if the asbestos related disease had never developed.

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Our Industrial Disease Lawyers

The Legal Line solicitors are experienced in all areas of industrial disease claims, including the negotiation of non-fault payments. They can provide expert legal advice, guidance and assistance to anyone suffering from an asbestos related disease.

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